Book contents
- Fundamental Rights and the Legal Obligations of Business
- Cambridge Studies in Constitutional Law
- Fundamental Rights and the Legal Obligations of Business
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface
- Acknowledgements
- Table of Cases
- Introduction The Question of Substantive Corporate Obligations for Fundamental Rights
- 1 The Nature and Purpose of the Corporation in Law
- Part I Legal Doctrinal Models for Addressing the Substantive Obligations of Non-State Actors for Fundamental Rights
- Part II Towards a Multi-Factoral Approach for Determining the Substantive Content of Corporate Obligations
- 6 The Justification for and Contours of a Multi-Factoral Approach
- 7 A Balancing Act – Proportionality in the Corporate Sphere
- 8 The Multi-Factoral Approach and Positive Obligations for Corporations
- Part III The Institutional Implications of the Multi-Factoral Approach
- Bibliography
- Index
7 - A Balancing Act – Proportionality in the Corporate Sphere
from Part II - Towards a Multi-Factoral Approach for Determining the Substantive Content of Corporate Obligations
Published online by Cambridge University Press: 29 October 2021
- Fundamental Rights and the Legal Obligations of Business
- Cambridge Studies in Constitutional Law
- Fundamental Rights and the Legal Obligations of Business
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface
- Acknowledgements
- Table of Cases
- Introduction The Question of Substantive Corporate Obligations for Fundamental Rights
- 1 The Nature and Purpose of the Corporation in Law
- Part I Legal Doctrinal Models for Addressing the Substantive Obligations of Non-State Actors for Fundamental Rights
- Part II Towards a Multi-Factoral Approach for Determining the Substantive Content of Corporate Obligations
- 6 The Justification for and Contours of a Multi-Factoral Approach
- 7 A Balancing Act – Proportionality in the Corporate Sphere
- 8 The Multi-Factoral Approach and Positive Obligations for Corporations
- Part III The Institutional Implications of the Multi-Factoral Approach
- Bibliography
- Index
Summary
This chapter considers how we determine the final obligations of a corporation where its actions or policies infringe upon fundamental rights. Since there are competing factors, there is a need to balance different interests. I argue that the proportionality test can be applied successfully to balance the fundamental interests of individuals against the interests of the corporation and thus can provide a structured process of reasoning for determining the final negative obligations of corporations. In making this case, I consider the justification for and challenges to applying the proportionality test to conflicts between non-state actors and individuals with a specific focus upon the corporation. I then consider how each stage of the proportionality analysis – purpose, suitability, necessity and balancing - can apply to corporations and the complexities involved in doing so. In doing so, I will show where each factor – identified in the last chapter - fits into the overall analysis.
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- Fundamental Rights and the Legal Obligations of Business , pp. 264 - 301Publisher: Cambridge University PressPrint publication year: 2021